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| Advantage Sales of Ala., Inc. v. Clemons, 2070113, 2070160, 2070199,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: Trial court erred by awarding employee permanent-total-disability benefits based on an injury to the body as a whole rather than awarding benefits based on the loss of use of a scheduled member, as employee offered limited testimony regarding how pain in her arms and hands extended to other parts of her body and interfered with their efficiency.
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| Credigy Receivable, Inc. v. Day, 2070091,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: As the language in Ala. Code ¿ 6-6-2 was clear and unambiguous, a trial court erred when it failed to enter an arbitration award as a judgment after an alleged debtor against whom the award was entered failed to comply with the award.
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| Ex parte Phil Owens Used Cars, Inc., 1060596,
SUPREME COURT OF ALABAMA, August 1, 2008, Released
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Overview: Personal jurisdiction could not be exercised over Georgia corporation under long-arm rule in Ala. R. Civ. P. 4.2(b) in a tort action arising from an automobile accident involving a conversion van previously owned by the corporation; the van at issue was not specifically produced for the Alabama market but had been sold to a Georgia car dealership.
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| Farnell v. Farnell, 2070069,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: Trial court's judgment modifying a father's child support obligation was reversed. Due to the trial court's failure to prepare and file a CS-42 child-support worksheet reflecting its child support calculations, the appellate court could not determine if the trial court had properly applied Ala. R. Jud. Admin. 32 in rendering its judgment.
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| Hollinger v. Wells, 2070053,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: Appeal was dismissed as judgment for contractor for breach of contract was void for lack of subject matter jurisdiction since contractor did not have license under Ala. Code ¿ 34-14A-1 et seq., and contractor repaired homeowners' roof, back porch, and eaves, for price exceeding the Ala. Code ¿ 34-14A-2(10) threshold.
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| Smith v. Smith, 2070335,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: Judgment was affirmed as former wife was not entitled to jury trial when she filed sale-for-division complaint. Former husband was entitled to a jury trial after he placed title at issue. Wife could have demanded jury trial at that point, but she waived her right under Ala. R. Civ. P. 38(d) and Ala. Code ¿ 6-8-1 by failing to timely demand one.
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| Woodward v. State, CR-06-0357,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 1, 2008, Released
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Overview: Trial court erred when it revoked defendant's probation because defendant had been discharged on an earlier date and the trial court's revocation was not authorized by Ala. R. Crim. P. 29; Rule 29 did not authorize corrections to a judgment that resulted from judicial error, no matter how erroneous the original judgment was at time it was rendered.
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